Does gender matter in a workplace sexual harassment lawsuit?
The answer is no. Sexual Harassment is not confined to male-female interaction. It can also occur between members of the same sex, even when the perpetrator and the victim are not homosexual. In recent years, a sharp increase in same-sex harassment complaints has caused society to pay closer attention to this issue.
CA Same-Sex Sexual Harassment Law
California and Federal law generally defines sexual harassment as unwanted or unwelcome conduct of a sexual nature and protects men and women, regardless of who is harassing whom. In same-sex harassment situations, the victim must be able to show that the harasser's behavior was motivated by his or her sex. Additionally, the behavior needs to demonstrate that the victim was treated differently than members of the opposite sex.
Same-sex harassment can include sexually suggestive simulation, lewd jokes, inappropriate touching, or intimidating comments. If you think you have been a victim of same-sex harassment, please call us to discuss the situation. We understand that you may feel any range of emotions, from embarrassment to anger. We're here to help.